The Tort of Armed Aggression Principles Applied by the Russian Federation Against Ukraine and Its Post War Recovery
摘要
This chapter explores the intricate legal landscape surrounding the tort of armed aggression, focusing on the principles applied by the Russian Federation against Ukraine and the subsequent post-war recovery efforts. It underscores the urgent need for effective legal mechanisms to compel the aggressor state to provide compensation for the extensive damage inflicted. Reparations, spanning infrastructure reconstruction and individual restitution for human rights violations, are deemed essential components of transitional justice. However, existing international and national legal frameworks lack clear guidelines for establishing tort liability for damage caused by armed aggression. The paper advocates for a paradigm shift towards a reparative-tort model, emphasizing individual victim compensation alongside state reparations. It examines the evolving nature of property liability, encompassing both public and private torts of armed aggression. Furthermore, it outlines potential guiding principles for armed aggression tort and Ukraine’s recovery, including provisions for counter-measures, asset constraints, and models for implementation in domestic and international law. The study concludes by advocating for the formulation of soft law acts to address these gaps and pave the way for more coherent legal frameworks and judicial practices in navigating the complexities of armed conflict compensation and recovery.